Exposure to chemical agents

KEY POINTS

Scope

• Directive 98/24/EC is a ‘daughter’ directive of framework Directive 89/391/EEC that introduces measures to encourage improvements in the safety and health of workers at work (see summary). Directive 89/391/EC, which lays down minimum requirements for protecting workers from health and safety risks from chemicals, applies in full, without prejudice to rules that are more stringent or specific in Directive 98/24/EC.
• Directive 98/24/EC applies to workers exposed to hazardous chemicals when its rules are more favourable than those of Directive 2004/37/EC on protecting workers from risks from carcinogens and mutagens (see summary).

Employers’ obligations

• Assessing risk. Employers must determine whether any hazardous chemicals are present in the workplace and, if so, assess the health and safety risks they might pose. This assessment must be kept up to date.
• Preventing risks. Employers must take the necessary preventive measures to eliminate or reduce risks to the minimum. They should provide suitable equipment and reduce the duration of any exposure and safe handling, storage and transport of hazardous chemicals. Where possible, chemicals or processes must be replaced with less dangerous ones.
• Occupational exposure limit values and biological limit values. The legislation requires indicative and binding occupational exposure limit values together with biological limit values to be established.
• Dealing with accidents, incidents and emergencies. Employers must draw up action plans so that appropriate action, including informing those concerned, is taken when an accident occurs. These must be accompanied by regular safety drills and first-aid facilities.
• Informing and training workers. Employers must provide workers with results of risk assessments, information on hazardous chemical substances on the premises and the relevant occupational exposure limit values. They must also supply training and details on appropriate precautions to be taken.

Bans

The directive bans the production, manufacture and use of certain chemicals. These are listed in Annex III. Exemptions are allowed under certain circumstances such as scientific research and testing. In such cases, employers must provide the authorities with information, such as the quantities to be used and the number of workers likely to be involved.

Health monitoring

EU Member States must arrange appropriate health monitoring for workers whose health may be at risk. Individual health and exposure records are required.

Classification, labelling and packaging of substances and mixtures

Directive 2014/27/EU amends Directive 98/24/EC (and several other directives), bringing it into line with the new system laid down in Regulation (EC) No 1272/2008 for classifying, labelling and packaging substances and mixtures (see summary). This identifies hazardous chemicals and informs users of the related risks through standard symbols and wording on packaging labels and safety data sheets.

Reporting

Member States must report to the European Commission every 5 years on the implementation of the various measures covered by the directive.

Delegated acts

• Regulation (EU) 2019/1243 amends Directive 98/24/EC giving the Commission powers, from 26 July 2019, to adopt delegated acts to make strictly technical amendments to its annexes, and to supplement that directive by establishing or revising indicative occupational exposure limit values. However, those amendments cannot modifythe exposure limit values set out in the annexes to the directive.
• Member States must keep workers’ and employers’ organisations informed of indicative occupational exposure limit values set at EU level.